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TENNESSEE GAS PIPELINE v. PERMANENT EASEMENT

No. 17-3700.

931 F.3d 237 (2019)

TENNESSEE GAS PIPELINE COMPANY, LLC, v. PERMANENT EASEMENT FOR 7.053 ACRES, PERMANENT OVERLAY EASEMENT FOR 1.709 ACRES AND TEMPORARY EASEMENTS FOR 8.551 ACRES IN MILFORD AND WESTFALL TOWNSHIPS, PIKE COUNTY, PENNSYLVANIA, TAX PARCEL NUMBERS; King Arthur Estates, a Limited Partnership; Riothamus Corp, General Partner of King Estates c/o Ernest Bertuzzi President; All Unknown Owners and Interested Parties, King Arthur Estates, L.P. and Riothamus Corporation, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: July 23, 2019.

As Amended July 25, 2019.

Attorney(s) appearing for the Case

Albert F. Moran , Patrick F. Nugent , Sean T. O'Neill , John F. Stoviak , Saul Ewing Arnstein & Lehr, 1500 Market Street, Centre Square West, 38th Floor, Philadelphia, PA 19102, Elizabeth U. Witmer [Argued], Saul Ewing Arnstein & Lehr, 1200 Liberty Ridge Drive, Suite 200, Wayne, PA 19087, Counsel for Appellee.

John T. Stieh [Argued], Levy Stieh Gaughan & Baron, 542 Routes 6 & 209, P.O. Box D, Milford, PA 18337, Counsel for Appellants.

Before: AMBRO, CHAGARES, and GREENAWAY, JR., Circuit Judges.

OPINION

The Natural Gas Act of 1938 ("NGA"), 15 U.S.C. §§ 717-717z, allows natural gas companies to acquire private property by eminent domain to construct, operate, and maintain natural gas pipelines. Id. § 717f(h). Here, Tennessee Gas Pipeline Company, LLC ("Tennessee Gas") commenced...

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